### 26993 Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Proposed Rules

4 See http://www.nrc.gov/reading-rm/doccollections/commission/secys/2010/secy2010-0165/ 2010-0165scy.pdf. start the formal rulemaking process. Changes will also need to be made to any 10 CFR Part 61 performance assessment guidance document to address the recent June 2012 direction. The completion date for submittal of a revised rulemaking package is currently July 19, 2013.

The Commission also directed the staff to gather information on the options presented in SECY–10–0165, dated December 27, 2010, 4 concerning the staff’s approach to a risk-informing 10 CFR Part 61. Previously, the NRC staff sponsored an earlier workshop on SECY–10–0165, on March 4, 2011 (76 FR 10810). The staff intends to seek the public’s views on various proposals for a risk-informed revision of 10 CFR Part

61.
IV. Emerging Issues Concerning 10 CFR
Part 61

The NRC staff has also conducted other activities related to 10 CFR Part 61. These include revisions to the Commission’s ‘‘Policy Statement on Volume Reduction and Low-Level Radioactive Waste Management’’ (76 FR 50500; August 15, 2011); and the ‘‘Branch Technical Position on Concentration Averaging’’ (76 FR 4739; January 26, 2011). Through the course of those stakeholder interactions, the staff received comments and suggestions relevant to the more comprehensive revision of 10 CFR Part 61. For example, stakeholders have recommended changes that would lengthen the periodof institutional controls and allow a sitespecific intruder assessment. Some stakeholders have questioned basic fundamental tenets of 10 CFR Part 61 including the need to protect the inadvertent intruder. The staff intends to seek the public’s views on these and other stakeholder comments.

In addition, during the March 2, 2012, public meeting in Phoenix, Arizona, several stakeholders expressed an interest in expanding the scope of the ongoing 10 CFR Part 61 rulemaking beyond the Commission’s current January 2012 direction. For example, the following specific suggestions were proposed in connection with any potentially expanded 10 CFR Part 61 rulemaking.

• Update the § 61.55 tables to include the latest dose conversion factors and dose methodologies.

• Expand the current duration of institutional controls in 10 CFR Part 61 from 100 to 300 years. • Address the issue of the overreporting of certain isotopes that are required to be identified by the 10 CFR Part 20 LLW manifest shipping report (60 FR 15649).

• Develop specific licensing criteria for the disposal of greater-than-Class C
LLW.

• Develop screening criteria pertaining to the disposal of low-activity radioactive wastes.
V. NRC Public Meeting

The purpose of this public meeting is to gather information from stakeholders and other interested members of the public concerning the rulemaking proposals identified by the Commission in its January 2012 SRM. This overall approach is consistent with the NRC’s openness policy and is consistent with the type of public outreach initiative originally used by the NRC staff to develop 10 CFR Part 61. The May 15, 2012, public meeting will be organized into two parts. In the first part, the NRC staff will seek public feedback on the pros and cons of the four technical issues specifically identified by the Commission in its January 2012 SRM. In the second part, the staff will identify other technical issues identified by stakeholders bearing on the 10 CFR Part 61 rule and seek public feedback on the merits of these possible additional changes that have been suggested in connection with other on-going LLW regulatory initiatives. The staff will also summarize the public comments received during the March 2, 2012, Public Meeting in Phoenix, Arizona. To the extent that members of the public might have comments on SECY–10– 0165, the staff would also welcome public feedback on that topic.

The public meeting will be held on May 15, 2012, from 8:00 a.m. to 4:00 p.m. at the Cooper Hotel Conference Center & Spa, 12230 Preston Road, Dallas, Texas 75230. Pre-registration for this meeting is not necessary. Members of the public choosing to participate in this meeting remotely can do so in one of two ways—online, or via a telephone (audio) connection. Instructions for remote participation in this meeting follow.

Interested members of the public can also participate in this meeting via Webinar. The Webinar meeting registration link can be found at: https: //www1.gotomeeting.com/pjoin/ 679771561/105859216. The Webinar ID is 679–771–561. After registering, instructions for joining the Webinar (including a teleconference number and pass code) will be provided via email. All participants will be in ‘‘listen-only’’ mode during the presentation. Participants will have a chance to pose questions either orally after the presentation or in writing during the Webinar.

To receive a call back, provide your phone number when you join the meeting, or call the following number and enter the access code:

Call-in toll-free number (US/Canada): 1–888–970–4129. The Webinar access code is 66725.

The agenda for the public meeting will be noticed no fewer than ten (10) days prior to the meeting on the NRC’s Public Meeting Schedule Web site at http://www.nrc.gov/public-involve/ public-meetings/index.cfm. The last public meeting is tentatively planned for July 19, 2012, in Rockville, Maryland. For details on this meeting, please monitor the NRC’s Public Meeting Schedule Web site at http://www.nrc.gov/public-involve/publicmeetings/index.cfm or the Docket ID for the 10 CFR Part 61 rulemaking, NRC– 2011–0012, on www.regulations.gov.

Questions about participation in the public meetings should be directed to the points of contact listed in the **FOR**
**FURTHER INFORMATION CONTACT** section of this document.

Dated at Rockville, Maryland, this 3rd day of May 2012.

For the Nuclear Regulatory Commission. Andrew Persinko, Deputy Director, Environmental Protection and Performance Assessment Directorate, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs.

[FR Doc. 2012–11160 Filed 5–7–12; 8:45 am]

**BILLING CODE 7590–01–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2012–0426; Directorate Identifier 2011–NM–087–AD]** 

**RIN 2120–AA64**

**Airworthiness Directives; The Boeing Company Airplanes** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice of proposed rulemaking (NPRM).

**SUMMARY :**  We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737–600, –700, –800, –900, and –900ER series airplanes. This proposed AD was prompted by reports that certain seat


### 26994 Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Proposed Rules

track bolts were found with severed head bolts due to fatigue. This proposed AD would require replacing titanium seat track bolts with corrosion resistant steel (CRES) bolts, repetitive inspections for cracking of the splice strap and forward seat track holes, and related investigative and corrective actions if necessary. This proposed AD also provides an optional terminating action for the repetitive inspections. We are proposing this AD to detect and correct missing or severed bolt heads, which, if not corrected, could result in the inability of the seat track to carry passenger loads, which could cause the seats to detach from the seat track, resulting in possible injury to passengers during an emergency landing.

**DATES :**  We must receive comments on this proposed AD by June 22, 2012.

**ADDRESSES :**  You may send comments by any of the following methods:

• Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

• Fax: 202–493–2251.

• Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590.

• Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this proposed AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P. O. Box 3707, MC 2H–65, Seattle, Washington 98124– 2207; telephone 206–544–5000, extension 1; fax 206–766–5680; email me.boecom@boeing.com; Internet https://www.myboeingfleet.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–

1221. Examining the AD Docket

You may examine the AD docket on the Internet at http:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800–647–5527) is in the **ADDRESSES** section. Comments will be available in the AD docket shortly after receipt.

**FOR FURTHER INFORMATION CONTACT :**  Patrick Gillespie, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM–150S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington 98057–3356; phone: 425– 917–6429; fax: 425–917–6590; email: patrick.gillespie@faa.gov.

**SUPPLEMENTARY INFORMATION :** 

Comments Invited

We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the **ADDRESSES** section. Include ‘‘Docket No. FAA– 2012–0426; Directorate Identifier 2011– NM–087–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those

comments.

We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD.

Discussion

We received reports indicating that the seat track bolts at Station 727B, buttock lines (BL) 24.75 and 45.50 left and right sides, were found with severed bolt heads due to fatigue. Missing or severed bolt heads, if not detected and corrected, could result in the inability of the seat track to carry passenger loads, which could cause the seats to detach from the seat track, resulting in possible injury to passengers during an emergency landing.

Relevant Service Information

We reviewed Boeing Special Attention Service Bulletin 737–53– 1296, dated January 11, 2011. That service information describes procedures for replacing titanium seat track bolts with CRES bolts, repetitive inspections for cracking of the splice strap and forward seat track holes, and related investigative and corrective actions if necessary.

Related investigative action includes detailed inspection and high frequency eddy current (HFEC) inspections for cracking in holes common to the splice strap and forward seat track.

Corrective actions include contacting Boeing for repair instructions, repairing, replacing missing or severed titanium seat track bolts with CRES bolts, and replacing a cracked splice strap with a new slice strap. Replacing the missing or severed seat track bolts and installing the new splice strap eliminates the need for the repetitive splice strap inspections at Station 727B, BL 24.75 and 45.50, left and right sides, on all airplanes.

For the inspections for cracking of the splice strap and forward seat track holes and replacement of missing or severed seat track bolts, the service information specifies an initial compliance time of before 7,000 total flight cycles or within 24 months after the issue date of the service bulletin, and a repetitive interval of 7,000 flight cycles.

FAA’s Determination

We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of these same type designs.
Proposed AD Requirements

This proposed AD would require accomplishing the actions specified in the service information described previously, except as discussed below.
Differences Between Proposed AD and Service Bulletin

Although Boeing Special Attention Service Bulletin 737–53–1296, dated January 11, 2011, specifies that operators may contact the manufacturer for disposition of certain repair conditions, this proposed AD would require operators to repair those conditions using a method approved by the FAA.

Although Boeing Special Attention Service Bulletin 737–53–1296, dated January 11, 2011, specifies the sequence of steps performed in that service bulletin can be changed, this proposed AD would require operators to perform the repair using the sequence of steps in that service bulletin.
Costs of Compliance

We estimate that this proposed AD affects 168 airplanes of U.S. registry.

We estimate the following costs to comply with this proposed AD:


### 26995 Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Proposed Rules

E STIMATED 

### COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators

Replace bolts and install new splice strap .......... 18 work-hours × $85 per hour = $1,530 ........... $1,991 $3,521 $591,528 Repetitive Inspection ........................................... 3 work-hours × $85 per hour = $255 ................ 0 255 42,840

We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this proposed AD.
Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency’s authority.

We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.
Regulatory Findings

We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.

For the reasons discussed above, I certify this proposed regulation:

(1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866,

(2) Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),

(3) Will not affect intrastate aviation in Alaska, and

(4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

**PART 39—AIRWORTHINESS DIRECTIVES** 

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

**§ 39.13 [Amended]**

2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):
The Boeing Company: Docket No. FAA– 2012–0426; Directorate Identifier 2011–
NM–087–AD.

(a) Comments Due Date

We must receive comments by June 22,

2012.

(b) Affected ADs

None.
(c) Applicability

This AD applies to The Boeing Company Model 737–600, –700, –800, –900, and –900ER series airplanes, with passenger seats installed; certificated in any category; as identified in Boeing Special Attention Service Bulletin 737–53–1296, dated January 11, 2011.
(d) Subject

Joint Aircraft System Component (JASC)/ Air Transport Association (ATA) of America Code 53: Fuselage.

(e) Unsafe Condition

This AD was prompted by reports that certain seat track bolts were found with severed bolt heads due to fatigue. We are issuing this AD to detect and correct missing or severed bolt heads, which, if not corrected, could result in the inability of the seat track to carry passenger loads, which could cause the seats to detach from the seat track, resulting in possible injury to passengers during an emergency landing.
(f) Compliance

Comply with this AD within the compliance times specified, unless already done.
(g) Seat Track Bolt Replacement and Splice Strap Installation

Before the accumulation of 7,000 total flight cycles, or within 24 months after the effective date of this AD, whichever occurs later, replace titanium seat track bolts with corrosion resistant steel (CRES) bolts at both the left and right sides of buttock lines 24.75 and 45.50, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737–53– 1296, dated January 11, 2011. If a titanium seat track bolt is found missing from the structure during the accomplishment of the tasks required by this paragraph: Before further flight, do a high frequency eddy current (HFEC) inspection for cracking in the fastener holes and do a general visual inspection of the area, including the splice strap and forward seat track for damage, and replace missing bolts with new or serviceable CRES bolts, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737–53– 1296, dated January 11, 2011. If cracking or damage is found: Before further flight, repair in accordance with a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD.
(h) Detailed and High Frequency Eddy Current Inspections

Before the accumulation of 7,000 total flight cycles, or within 24 months after the effective date of this AD, whichever occurs later: Do a detailed inspection and an HFEC inspection for cracking in the holes common to the splice strap and forward seat track at both the left and right sides of buttock lines 24.75 and 45.50, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737–53– 1296, dated January 11, 2011. Repeat the inspections thereafter at intervals not to exceed 7,000 flight cycles, until the actions specified in paragraph (i) of this AD have been done.

(1) If a crack is found in the splice strap during any inspection required by paragraph (h) of this AD: Before further flight, replace the seat track bolts and install a new splice strap part number (P/N) 146A5342–26 and retained angle at the affected location, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737–53–1296, dated January 11, 2011.

(2) If a crack is found in the seat track during any inspection required by paragraph (h) of this AD, and Boeing Special Attention Service Bulletin 737–53–1296, dated January 11, 2011, specifies to contact Boeing for appropriate action: Before further flight, repair the seat track in accordance with a method approved by the Manager, Seattle ACO, FAA. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD.


### 26996 Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Proposed Rules

(i) Optional Terminating Action

Replacing the titanium seat track bolts with CRES bolts on both the left and right sides of buttock lines 24.75 and 45.50 at Station 727B, and installing a new splice strap P/N 146A5342–26, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737–53– 1296, dated January 11, 2011, terminates the repetitive inspections required by paragraph (h) of this AD.
(j) Alternative Methods of Compliance (AMOCs)

(1) The Manager, Seattle ACO, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.

(2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office.

(3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD.

(k) Related Information

(1) For more information about this AD, contact Patrick Gillespie, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM–150S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington 98057– 3356; phone: 425–917–6429; fax: 425–917– 6590; email: patrick.gillespie@faa.gov.

(2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, Washington 98124–2207; telephone 206–544–5000, extension 1; fax 206–766– 5680; email me.boecom@boeing.com; Internet https://www.myboeingfleet.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this material at the FAA, call

425–227–1221.

Issued in Renton, Washington, on April 29,

2012. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2012–11019 Filed 5–7–12; 8:45 am]

**BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION** 

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2012–0427; Directorate Identifier 2011–NM–202–AD]** 

**RIN 2120–AA64**

**Airworthiness Directives; Airbus Airplanes** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice of proposed rulemaking (NPRM).

**SUMMARY :**  We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A320–214 and-232 airplanes. This proposed AD was prompted by reports that medium-headfasteners were installed in lieu of shearhead fasteners on a certain upper panel which manufacturer fatigue and damage tolerance analyses demonstrated could have an affect on panel fatigue life. This proposed AD would require repetitive inspections for cracking of certain fasteners, and repairs if necessary. We are proposing this AD to detect and correct cracking which could result in the loss of structural integrity of the airplane.

**DATES :**  We must receive comments on this proposed AD by June 22, 2012.

**ADDRESSES :**  You may send comments by any of the following methods:

• Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

• Fax: (202) 493–2251.

• Mail: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590.

• Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this proposed AD, contact Airbus SAS– EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email account.airworth-eas@airbus.com;
Internet http://www.airbus.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–

1221. Examining the AD Docket

You may examine the AD docket on the Internet at http:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is in the **ADDRESSES** section. Comments will be available in the AD docket shortly after receipt.

**FOR FURTHER INFORMATION CONTACT :**  Sanjay Ralhan, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057–3356; telephone (425) 227–1405; fax (425) 227–1149.

**SUPPLEMENTARY INFORMATION :** 

Comments Invited

We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the

**ADDRESSES** section. Include ‘‘Docket No. FAA–2012–0427; Directorate Identifier 2011–NM–202–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments.

We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD.

Discussion

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2011–0176, dated September 13, 2011 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states:

A problem was reported during the installation of upper panels on Frame 35 in Airbus A320 final assembly line. Investigations revealed that medium head fasteners, Part Number (P/N) EN6114V3, were installed in lieu of shear head fasteners, P/N ASNA2657V3 and ASNA2043V3, which were previously used. Installation of these medium head fasteners leads to a deeper